B. Dineshkumar vs Rajesh Kumar Singh, Ias
2022 Latest Caselaw 9552 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                      &
            THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                       CON.CASE(C) NO. 1365 OF 2022
AGAINST THE ORDER DATED 23.05.2022 IN OP(KAT).NO.107/2022 OF
                            HIGH COURT OF KERALA
PETITIONER/PETITIONER:

               B. DINESHKUMAR, AGED 52 YEARS
               S/O.K. BALAKRISHNAN NAIR, NANDAVANAM, PERUMPOYIL,
               P.O.KAKKUR, KOZHIKODE- 678613 NOW WORKING AS
               ASSISTANT COMMISSIONER (IB), STATE GST DEPARTMENT,
               OFFICE OF THE JOINT COMMISSIONER (INTELLIGENCE),
               GST COMPLEX, JAWAHAR NAGAR, ERANJIPPALAM P.O.
               KOZHIKODE DISTRICT, PIN - 673006
               BY ADVS.
               C.S.MANU
               DILU JOSEPH
               C.A.ANUPAMAN
               T.B.SIVAPRASAD
               C.Y.VIJAY KUMAR
               MANJU E.R.
               ANANDHU SATHEESH
               ALINT JOSEPH
               PAUL JOSE

RESPONDENTS/RESPONDENTS:

       1       RAJESH KUMAR SINGH, IAS
               SECRETARY TO THE DEPARTMENT OF TAXES,
               GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695001
       2       DR. RATHAN KELKAR, IAS, COMMISSIONER,
               KERALA GOODS AND SERVICES TAX DEPARTMENT,
               PALAYAM, THIRUVANANTHAPURAM, PIN - 695001
               BY ADVS. SHRI.ASOK M.CHERIAN, ADDL.A.G.,
               SRI SAIGI JACOB PALATTY-SR.GP

THIS       CONTEMPT   OF   COURT   CASE   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
  ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
                ==================
     Contempt of Court Case (Civil) No.1365 of 2022
          [Arising out of the impugned order dated 23.05.2022 in
                          O.P.(KAT) No.107/2022]
                       ==================
                Dated this the 25th day of August, 2022
                           JUDGMENT

ALEXANDER THOMAS, J.

The afore-captioned Contempt of Court Case has been

instituted in the matter of non-compliance of the orders in

Annexure- A2 judgment dated 23/05/2022 rendered by the Division

Bench of this Court in OP(KAT).No.107/2022 [arising out of the

impugned final order dated 25/01/2022 in O.A (EKM).No.74/2022

on the file of the KAT, Ernakulam].

2. Today, when the matter has been taken up for

consideration, Sri.Saigi Jacob Palatty, the learned Senior Government

Pleader would submit on the basis of instructions of the respondent-

Officers as well as on the basis of the averments in the memo dated

22/08/2022 filed on behalf of the respondent-Officers in the case,

that the State Government has already entrusted the Standing Counsel

concerned, to file Special Leave Petition (Civil) to impugn Annexure-A2

judgment before the Apex Court and further that Annexure-R1(a) G.O. Contempt of Court Case (Civil) No.1365 of 2022

- : 2 :-

(Rt).No.584/2022/TAXES dated 29/07/2022 has already been issued

directing that the petitioner will be given temporary promotion to the

post of 'Deputy Commissioner of State Tax' under Rule 31(a)(i) of

Part II of the Kerala State and Subordinate Services Rules, 1958

(KS & SSR Part II) subject to the result of SLP etc,. A copy of the

aforesaid G.O.(Rt).No.584/2022/TAXES dated 29/07/2022 has been

produced as Annexure R1(a) along with the aforementioned memo

dated 22/08/2022 filed by the Senior Government Pleader on behalf

of the respondent-Officers. The above said submissions of the

respondent-Officers are hereby recorded.

Recording the above said submissions of the respondent-

Officers, the above Contempt of Court Case will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE AS APPENDIX OF CON.CASE(C) 1365/2022

PETITIONER'S ANNEXURES:

ANNEXURE A-1 TRUE COPY OF THE ORDER DATED 25-1-2022 IN O.A (EKM) NO. 74 OF 2022 PASSED BY THE KAT, ERNAKULAM BENCH

ANNEXURE A-2 TRUE COPY OF THE JUDGEMENT DATED 23-5-2022 IN OP(KAT) NO. 107 OF 2022 PASSED BY THIS HON'BLE COURT

ANNEXURE A-3 TRUE COPY OF THE NOTICE DATED 26-5-2022 ISSUED BY THE PETITIONERS COUNSEL TO THE RESPONDENTS IN OP(KAT) NO. 107 OF 2022 COMMUNICATING A COPY OF THE ANNEXURE A-2 JUDGMENT

ANNEXURE A-3(A) TRUE COPY OF THE POSTAL RECEIPT DATED 27-5-

2022 ISSUED BY THE POSTAL DEPARTMENT

ANNEXURE A-3(B) TRUE COPY OF THE POSTAL CONSIGNMENT TRACK REPORT WITH REGARD TO THE DELIVERY OF ANNEXURE A-3 AS PER ANNEXURE A-3(A)

ANNEXURE A-4 TRUE COPY OF THE GO(RT) NO. 445/2022/TAXES DATED 6-6-2022

ANNEXURE A-5 TRUE COPY OF THE GO(RT) NO. 498/2022/TAXES DATED 23-6-2022

ANNEXURE A-6 TRUE COPY OF THE REPRESENTATION DATED 5-7-

2022 SUBMITTED BY THE PETITIONER THROUGH PROPER CHANNEL

ANNEXURE A-6(A) TRUE COPY OF THE LETTER BEARING NO. JCI-

KKD/309/2022-K1 DATED 7-7-2022 FORWARDING ANNEXURE A-6 REPRESENTATION BY THE JOINT COMMISSIONER OF ST (INTELLIGENCE), STATE GOODS AND SERVICES TAX DEPARTMENT TO THE SPECIAL COMMISSIONER, STATE GOODS AND SERVICES TAX DEPARTMENT

ANNEXURE A-7 TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO. D1/242/2017-TAXES DATED 1-7-2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER